Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre el medio ambiente de trabajo (contaminación del aire, ruido y vibraciones), 1977 (núm. 148) - Serbia (Ratificación : 2000)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.

The Committee notes the information provided by the Government in reply to its previous comment regarding the effect given to Article 11(3) and (4) of the Convention.

Legislation. The Committee notes the reference in the Government’s report to a number of legislative and regulatory texts, recently adopted, including the Law on Air Protection (Official Gazette Nos 36/09 and 10/13) and Rulebooks which provide for preventive and protective measures against occupational risks due to noise, vibration and exposure to chemical agents. The Committee requests the Government to specify the relevant provisions of the Law on Air Protection regarding the application of the Convention.

Article 3 of the Convention. Definitions. Noting the absence of the Government’s reply on this point, the Committee requests the Government to indicate the relevant provisions under which the terms “air pollution” and “vibration” are defined.

Article 4(1) and (2) and Article 8. Measures for prevention, control of, and protection against, occupational hazards. The Committee notes the detailed information provided by the Government on criteria established, under the relevant rulebooks, for determining the hazards of exposure to noise, vibration and chemical agents and on the exposure limits set out in relation to these hazards. The Committee wishes to draw the Government’s attention to the fact that the term “air pollution”, as defined in Article 3(c) of the Convention, covers a broad range of potential sources of air contamination, including but not limited to chemicals. Therefore, the Committee requests the Government to provide information on any measures taken to prevent, control, and protect against occupational hazards due to air pollution caused by sources of contamination other than chemical agents, and on the criteria and exposure limits prescribed in this respect.

The Committee also requests the Government to indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned was taken into account in the elaboration of criteria and exposure limits, as required by Article 8(2) of the Convention; and to specify how the regular revision of these criteria and exposure limits is carried out in light of the current national and international knowledge and data, as prescribed in Article 8(3) of the Convention.

Further noting from the Government’s report that the provisions of the Rulebook on preventive measures relating to safety and health in workplaces involving exposure to vibration do not apply to marine and air transport, the Committee requests the Government to specify the national law or regulations prescribing measures for the prevention, control and protection against hazards due to vibration in relation to marine and air transport.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards. Noting that the Government’s report contains no information on this point, the Committee once again requests the Government to indicate whether the use of processes, substances, machinery and equipment, specified by the competent authority, involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority, and whether the competent authority, as appropriate, may authorize the use on prescribed conditions, or prohibit it.

Application in practice. The Committee notes that the Government’s report contains no information on the application of the Convention in practice. Therefore, the Committee requests again the Government to give a general appreciation of the manner in which the Convention is applied in the country, including information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.